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Articles 1 - 14 of 14

Full-Text Articles in Law

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian Jan 2005

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little ...


Defense Of Others And Defensless "Others", Amy J. Sepinwall Jan 2005

Defense Of Others And Defensless "Others", Amy J. Sepinwall

Legal Studies and Business Ethics Papers

When the Unborn Victims of Violence Act (UVVA) was signed into law on April 1, 2004,1 the federal government dishonored nothing less pedigreed than its founding philosophy. The UVVA criminalizes harm to the fetus and sanctions such harm with the punishment that would have befallen the accused had the women carrying the fetus been the one to sustain the injuries instead.2 This Article argues that recent efforts at fetal protection, like the UVVA, defy and defile liberalism, the political theory underpinning this nation's constitution,3 and thereby conduce to the subordination of women. 4


Reunification Of Child And Animal Welfare Agencies: Cross-Reporting Of Abuse In Wellington County, Ontario, Lisa Anne Zilney, Mary Zilney Jan 2005

Reunification Of Child And Animal Welfare Agencies: Cross-Reporting Of Abuse In Wellington County, Ontario, Lisa Anne Zilney, Mary Zilney

Department of Justice Studies Faculty Scholarship and Creative Works

Institutional change has resulted in the separation of organizations for the protection of animals and children. This project reunites two organizations to examine associations between human violence and animal cruelty. For 12 months, Family and Children's Services (FCS) investigators and Humane Society (HS) investigators in Wellington County, Canada, completed checklists to examine connections between forms of violence. FCS workers found some cause for concern in 20% of 1,485 homes with an animal companion. HS workers completed 247 checklists, resulting in 10 referrals to FCS. The first study of its kind, this project details the findings of cross-reporting in ...


Managing Gerrymandering, Mitchell N. Berman Jan 2005

Managing Gerrymandering, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


International Legal Pluralism, William W. Burke-White Jan 2005

International Legal Pluralism, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang Jan 2005

Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


The Protestant Revolutions And Western Law, William Ewald Jan 2005

The Protestant Revolutions And Western Law, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein Jan 2005

What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The New Dividend Puzzle, William W. Bratton Jan 2005

The New Dividend Puzzle, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton Jan 2005

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Selection: Ideology Versus Character, Lawrence B. Solum Jan 2005

Judicial Selection: Ideology Versus Character, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Part I of Judicial Selection: Ideology versus Character sets the stage for an argument that character and not political ideology should be the primary factor in the selection of judges. Political ideology has played an important role in judicial selection, from John Adams's entrenchment of federalists as judges after the election of 1800 to the Roosevelt's selection of progressives, liberals, and New Dealers, the contemporary era, from the failed nominations of Fortas, Haynsworth, Carswell to the defeat of Robert Bork, the narrow confirmation of Clarence Thomas. But until recently, political ideology has played its role behind the scenes--mostly ...


The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan Dec 2004

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit ...


Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey Dec 2004

Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey

Sam Grey

This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat to state ...


No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan Dec 2004

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from some ...